98-020 RESOLUTION NO. 98-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED POLICE BOAT
DOCK LICENSE AGREEMENT BETWEEN WILLIAMS
ISLAND ASSOCIATES, LTD. AND THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Police Boat Dock License Agreement between Williams Island Associates, Ltd., and
the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Perlow, who moved its
adoption. The motion was seconded by Councilmember Rogers-Libert, and upon being
put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Resolution No. 98- ?e
Page 2
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Ar[hur I. Snyder yes
PASSED AND ADOPTED this 17th day of February, 1998.
~'~'~IYDt R, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
EMS/tms
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License" or "Agreement") is made and entered into as
of the __ day of January, 1998, by and between WILLIAMS ISLAND ASSOCIATES, LTD.,
a Florida limited partnership ("Licensor") and THE CITY OF AVENTURA, a municipal
corporation ("Licensee").
WlTNESSETtt:
In consideration of the premises, the covenants and conditions hereinafter set forth, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Licensor and Licensee hereby covenant and agree as follows:
1. GRANT OF LICENSE: Licensor hereby grants to Licensee a revocable license
to dock its police boat ("Boat") in Slip No. 81 at the Williams Island Marina ("Marina") and
utilize the northernmost end of the floating dock at the Marina to dock its jet skis (collectively,
the "Jet Ski"), which area is more clearly depicted on the Marina facilities plan attached hereto
and made a part hereof as Exhibit "A" (the "Premises").
2. PURPOSE OF LICENSE: Licensee shall be permitted to use the Premises
during the Term (as hereinafter defined) for the sole purpose of docking the Boat and the Jet Ski
at the Premises.
3. TERM: The License shall be for the limited period from the date hereof through
and until 12:00 p.m. midnight on January 15, 1999. The term of this License shall automatically
renew for successive one (1) year periods unless terminated by either party. Either party may
terminate this License at any time, with or without cause, by giving the other party at least five
(5) days' notice of its intent to terminate.
4. CONSIDERATION: In partial consideration of the License herein granted,
Licensee has paid to Licensor, simultaneously with the execution hereof, the sum of Ten and
No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged. Licensee understands and agrees that, in addition to the
foregoing, all costs, and/or expenses directly attributable to Licensee's use of the Premises shall
be the sole obligation of Licensee. The provisions of this paragraph shall survive the termination
of this Agreement.
5. MAINTENANCE OF PREMISES: Licensee agrees to surrender to Licensor, at
the end of the Term or such earlier termination of this Agreement, the Premises in as good
condition as the Premises were at the beginning of the Term of this License, ordinary wear and
tear, and damage by fire or other casualty, excepted. The provisions of this paragraph shall
survive the termination of this Agreement.
6. GOVERNMENTAL AND OTHER REQUIREMENTS: Licensee shall
faithfully observe in the use of the Premises all municipal and county ordinances and codes and
all local, state and federal statutes, rules and regulations now in force or which may hereafter be
in force.
7. RESERVATION: Licensor hereby reserves all rights of ownership in and to the
property upon which the Premises are located which are not wholly inconsistent with the
License.
INDEMNIFICATION: In consideration of the License herein granted, Licensee
agrees that Licensee, subject to the limitations of Section 768.28, F.S., at all times, will
indemnify and hold harmless Licensor from any losses, damages, liabilities and expenses
(including reasonable legal fees and court costs at trial and all appellate levels) whatsoever,
which may arise or be claimed against Licensor and be in favor of any persons, firms or
corporations, for any injuries or damages to the persons or property of any persons, firms or
corporations, consequent upon or arising from the use or occupancy of the Premises by Licensee
or consequent upon or arising from any acts, omissions, neglect or fault of Licensee, Licensee's
agents, employees, or invitees, or consequent upon or arising from Licensee's failure to comply
with the terms and provisions of this License and/or any laws, statutes, ordinances, codes,
regulations, covenants or restrictions as herein provided; and that Licensor shall not be liable to
Licensee for any damages, losses or injuries to the persons or property of Licensee which may be
caused by the acts, neglect, omissions or faults of any persons, firms or corporations, except only
when such injury, loss or damage results from the gross negligence of Licensor, its agents or
employees. Ail personal property placed or moved into the Premises shall be at the risk of
Licensee or the owner thereof, and Licensor shall not be liable to Licensee for any damage to
said personal property. In case Licensor shall be made a party to any litigation commenced
against Licensee, arising under this License, then Licensee shall protect and hold Licensor
harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by
Licensor in connection with such litigation and any appeal thereof. The provisions of this
paragraph shall survive the termination of this Agreement.
9. SUCCESSORS AND ASSIGNS: All terms and provisions of this License to be
observed and performed by Licensee shall be applicable to and binding upon Licensee's
respective heirs, personal representatives, successors and permitted assigns. All expressed
covenants of this License shall be deemed to be covenants running with the land.
10. ATTORNEYS' FEES: If either party defaults in the performance of any of the
terms or provisions of this License and by reason thereof the other party employs the services of
an attorney to enforce performance of the covenants, or to perform any service based upon
defaults, then in any of said events the prevailing party shall be entitled to receive from the other
party reasonable attorneys' fees and all expenses and costs incurred by the prevailing party
pertaining thereto (including costs and fees relating to any appeal) and in enforcement of any
remedy.
2
11. ENTIRE AGREEMENT: This License contains the entire agreement between
the parties hereto and all previous negotiations leading thereto, and it may be modified only by
an agreement in writing signed and sealed by Licensor and Licensee. Licensee acknowledges
and agrees that Licensee has not relied upon any statement, representation, prior written or prior
or contemporaneous oral promises, agreements or warranties except such as are expressed
herein.
IN WITNESS WHEREOF, the parties hereto have signed, sealed and delivered this
License in several counterparts each of which shall be deemed an original, but all constituting a
single agreement, at Miami-Dade County, Florida, as of the day and year first above written.
Witnesses: LICENSOR:
WILLIAMS ISLAND ASSOCIATES,
LTD., a Florida limited partnership
By: WI HOLDINGS, INC., a Delaware
corporation, a general partner
By:
Name: ALAN MATUS
Executive Vice President
(Corporate Seal)
Name:
Attest: LICENSEE:
CITY OF AVENTURA,
/ a municil~a~~~ ion
~,~C~ ~ ~~ By: ERIC M. SOROI~
City Clerk
City Manager ~